A conspiracy is an agreement to engage in an illegal act or to engage in a legal act by illegal means between two or more people.
Anyone with a connection (more than mere presence at the scene) to any co-conspirator no matter how slight the connection.
Keep in mind that while the elements differ, regarding principal and aider, the penalties are identical since an aider and abettor is treated the same as a principal. Additionally, though the government need not prove that a defendant was a co-conspirator, it must prove that the person acted knowing that a conspiracy was contemplated or was ongoing and that such actions would aid or abet the commission of the conspiracy.
Possession with intent to distribute a controlled substance or the actual distribution of a controlled substance; which are two different offenses (the intent to; and the actual distribution). A defendant’s intent to distribute may be inferred from quantities of drugs too large for personal consumption.
Yes, prosecutors may add enhancement statutes to the indictment. Conviction for a prior felony drug offense will carry a mandatory minimum sentence depending on the law a person is indicted under. The “Career Offender” provision of the United States Sentencing Guidelines § 4B4.1 may also dramatically raise the offense level and criminal history category of a defendant’s guidelines.
In general it depends on the drug amount, or the dollar amount of loss in a fraud case. Take note there is a sentencing disparity between crack and powder cocaine. The ratio is 18:1 disparity.
Example:
Make it clear to any co-conspirators by actions and words that you have ended association with them and their ventures. It would be better to accomplish this through an attorney rather than doing so in person with your former associates.
Breaking ties to the conspiracy can cut off further responsibility to greater drug amounts and any future crime (violence/weapons) of the conspiracy which takes place after your disassociation from it.
The most important thing to do is to contact a criminal defense attorney. Depending on the matter you may be able to avoid being indicted.
Consult an attorney who is experienced in federal and state criminal defense.
Yes, however you should negotiate with the federal prosecutor, not law enforcement. The federal prosecutor might ask that you are represented by an attorney to avoid any appearance of unfair negotiations.
Yes, however history has shown that a defendant without legal representation is less likely to fully understand the ramifications of the situation; nor is the defendant as capable of making use of the law to gain acquittal (freedom) or reduction in length of sentence or fines.
